Well, we are now approaching “presidential pardon” time and considering the asinine, politically driven decisions George Bush has made to date, it should be very interesting and in some cases may border on the criminal.

There is a extraordinary amount of speculation and discussion whether Bush will use his power to pardon to preemptively protect Dick Cheney, Karl Rove and other who were involved with the alleged illegal activities during the administrations they served (or mis-served).

Many observers fear that in his final hours he will issue a rash of preemptive pardons that will outrage the public except for the fact that those who are pardoned must first be found guilty of crimes, and preemption is not within the scope of a president’s power. That no president has ever been called upon to justify his actions does not give grounds for thinking he does not have to do so.

The Constitution does not rule out the power of an incoming president to revoke pardons handed out by his predecessor. If President-elect Obama believes that certain pardons are outrageous and flagrant violations of the law and common sense, he should take the bold step, never taken before, of revoking those pardons. Who is to stop him?

Actually, I believe that the American public would enthusiastically support President Obama counter-balancing any political heat he might experience from his opposition.

A pardon is the forgiveness of a crime and the penalty associated with it. It is granted by a sovereign power, such as a monarch or chief of state. In the United States, the pardon power for Federal crimes is granted to the President by the United States Constitution.

Article II, Section 2, which states that the President:

shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

 The Supreme Court has interpreted this language to include the power to grant pardons, conditional pardons, commutations of sentence, conditional commutations of sentence and remissions of fines, etc.

The pardon power was controversial from the outset; many Anti-Federalists remembered examples of royal abuses of the pardon power in Europe, and warned that the same would happen in the new republic. However, Alexander Hamilton defends the pardon power in The Federalist Papers, One of the more famous recent pardons was granted by President Gerald Ford to former President Richard Nixon on September 8, 1974, for official misconduct which gave rise to the Watergate scandal.

The American people should be deeply concerned that prior to leaving office, President Bush may issue pardons to protect high-ranking administration officials for any activities related to torture, extraordinary rendition and other abuses during the eight years of his administration.

EPILOGUE: More than 200 years ago, a group of farmers, merchants, craftsmen and idealists committed treason against King George of England to free themselves from the shackles of economic, political and ideological tyranny and created a nation of laws that apply to all people. We must not allow that principle to become a casualty of a national security crisis. We owe it to future generations, and to our ancestors, to stand against any abuse of power by the Bush administration.

AROUND the BLOGOSPHERE:

PARDON POWER: On the Revocation of Pardons - This blog is dedicated to following the very latest news regarding presidential pardons and the pardon power (or clemency powers) as exercised in each state. Comments are certainly welcomed but a premium will be placed on civlity, …

Wonkette : Bush Pardons Real-Estate Criminal Whose Dad Donated … - As far as this story goes…meh, I can’t say I’m surprised by any outgoing president ever abusing the pardons to help people who’ve fucked over the poor. Wake me if he pardons that kid from Utah who fucked up the land auction. …

Bush reverses one of his pardons | Capitol Hill Blue - The Justice Department advises the president on who qualifies for pardons. Only people who have waited five years after their conviction or release from prison can apply for a pardon under the department’s guidelines. …

BUSH WITHDRAWS 1 OF 19 PARDONS ISSUED « PUMABydesign001’s Blog - President George W. Bush on Wednesday revoked a pardon he had granted only a day before - a step unheard of in recent memory - after learning in news reports of political contributions to Republicans by the man’s father and other …

Pardons Can Be Undone and Have Been | Democrats.com - Pardons Can Be Undone and Have Been. Submitted by davidswanson on December 25, 2008 - 9:37pm. Bush Pardons. Here’s some history. Please let President-Elect Obama know. davidswanson’s blog · Login or register to post comments …